| 19 | 7 | | and ferries, so as to authorize notice of certain public hearings by the Department of2 |
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| 20 | 8 | | Transportation by electronic publication; to authorize such department to negotiate the3 |
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| 21 | 9 | | acquisition of common property of a condominium association or property owners'4 |
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| 22 | 10 | | association with the designated board for either such association; to provide standards for5 |
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| 23 | 11 | | bringing an action to acquire such common property; to provide for the disbursement of6 |
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| 24 | 12 | | consideration received from such department for common property; to authorize the7 |
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| 25 | 13 | | establishment and administration of a program by such department for the clearing of rights8 |
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| 26 | 14 | | of way and the removal of wrecked or abandoned heavy duty vehicles from the rights of way9 |
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| 27 | 15 | | of interstate highways and limited access highways; to provide for payment of costs relating10 |
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| 28 | 16 | | to removal or relocation of public utilities through agreement between the department and11 |
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| 29 | 17 | | utility provider; to provide for related matters; to repeal conflicting laws; and for other12 |
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| 30 | 18 | | purposes.13 |
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| 31 | 19 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:14 |
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| 36 | 22 | | Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries,16 |
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| 37 | 23 | | is amended in Code Section 32-2-3, relating to development of transportation plans, public17 |
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| 38 | 24 | | hearings, approval of plans by board, and promulgation of rules and regulations, by revising18 |
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| 39 | 25 | | paragraphs (3) through (5) of subsection (f) as follows:19 |
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| 42 | 27 | | provide an opportunity for effective participation by interested persons in transportation21 |
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| 43 | 28 | | policy decisions,; the process of transportation planning, modal selections, and site and22 |
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| 44 | 29 | | route selection,; and the specific location and design of major transportation facilities. 23 |
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| 45 | 30 | | The At such hearings the various factors involved in the decision or decisions and any24 |
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| 46 | 31 | | alternative proposals shall be clearly presented so that the persons attending the hearing25 |
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| 47 | 32 | | in attendance may present their views relating to the decision or decisions which will be26 |
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| 48 | 33 | | made. The hearing required by this subsection for a facility, site, or project corridor27 |
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| 49 | 34 | | hearing and the design hearing for the design of a proposed facility or facilities may be28 |
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| 50 | 35 | | held simultaneously to satisfy the requirements of this subsection.29 |
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| 51 | 36 | | (4)(A) The department may satisfy the requirements of this subsection for a public30 |
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| 52 | 37 | | hearing by holding a public hearing or by publishing two notices of opportunity for31 |
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| 53 | 38 | | providing the opportunity to request a public hearing. Such opportunity to request a32 |
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| 54 | 39 | | public hearing shall be satisfied upon the publication of notice once a week for two33 |
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| 55 | 40 | | weeks in a newspaper having general circulation in the vicinity of the proposed34 |
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| 56 | 41 | | undertaking and holding a public hearing if any written requests for such a hearing are35 |
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| 57 | 42 | | received. The procedure for requesting a public hearing shall be explained in the36 |
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| 58 | 43 | | notice. The deadline for submission of such a request may not be less than 21 days37 |
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| 59 | 44 | | after the publication of the first notice of opportunity for public hearing and no less than38 |
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| 60 | 45 | | 14 days after the date of publication of the second notice of opportunity for public39 |
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| 61 | 46 | | hearing.40 |
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| 64 | 48 | | (B) A copy of the notice of opportunity for public hearing required by41 |
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| 65 | 49 | | subparagraph (A) of this paragraph shall be furnished at the time of publication to the42 |
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| 66 | 50 | | United States Department of Transportation, the appropriate departments of state43 |
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| 67 | 51 | | government, and affected local governments and planning agencies. If no requests for44 |
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| 68 | 52 | | a public hearing are received in response to a notice published pursuant to45 |
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| 69 | 53 | | subparagraph (A) of this paragraph within the time specified for the submission of46 |
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| 70 | 54 | | requests in the published notice, the department shall be deemed to have met the47 |
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| 71 | 55 | | hearing requirements of this subsection.48 |
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| 72 | 56 | | (C) The opportunity for another public hearing shall be afforded in any case when49 |
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| 73 | 57 | | When the proposed locations or designs of an undertaking are changed from those50 |
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| 74 | 58 | | presented in the notices specified in published pursuant to subparagraph (B) of this51 |
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| 75 | 59 | | paragraph or at a public hearing so as to have a substantially different transportation52 |
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| 76 | 60 | | service, or different social, economic, or environmental effect, a new public hearing53 |
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| 77 | 61 | | shall be required. Such public hearing shall be held in accordance with the54 |
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| 78 | 62 | | requirements of this subsection.55 |
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| 79 | 63 | | (D) The opportunity for a public hearing shall be afforded in each case in which the56 |
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| 80 | 64 | | department is in doubt department shall hold a public hearing for an undertaking in any57 |
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| 81 | 65 | | instance in which federal or state law is unclear as to whether a public hearing is58 |
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| 82 | 66 | | required.59 |
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| 83 | 67 | | (5)(A) When a public hearing is to be held pursuant to this subsection, two notices of60 |
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| 84 | 68 | | such hearing shall be published in print or electronically in a newspaper having general61 |
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| 85 | 69 | | circulation in the vicinity of the proposed undertaking. The first notice shall be62 |
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| 86 | 70 | | published no less than 30 days prior to the date of the hearing and the second notice63 |
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| 87 | 71 | | shall be published no less than five days prior or in the last publication date available64 |
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| 88 | 72 | | prior to the date of the hearing. The department shall publish a copy of such hearing65 |
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| 89 | 73 | | notice on its public website no less than 30 days prior to the date of the hearing.66 |
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| 92 | 75 | | (B) Copies of the notice for public hearing published pursuant to this paragraph shall67 |
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| 93 | 76 | | be mailed to the United States Department of Transportation, appropriate departments68 |
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| 94 | 77 | | of state government, and affected local governments and planning agencies."69 |
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| 95 | 78 | | SECTION 2.70 |
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| 96 | 79 | | Said title is further amended by adding a new Code section to read as follows:71 |
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| 97 | 80 | | "32-3-2.1.72 |
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| 98 | 81 | | (a) As used in this Code section, the term:73 |
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| 99 | 82 | | (1) 'Authorized board' means the executive and administrative body designated in a74 |
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| 100 | 83 | | condominium instrument or property owners' association instrument as the governing75 |
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| 101 | 84 | | body of common property as set forth in Article 3 or Article 6 of Chapter 3 of Title 44.76 |
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| 102 | 85 | | (2) 'Common property' shall include common elements, as such term is defined in Code77 |
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| 103 | 86 | | Section 44-3-71 and common areas, as such term in defined in Code Section 44-3-221.78 |
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| 104 | 87 | | (3) 'Declaration' shall have the same meaning as set forth in Code Section 44-3-71.79 |
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| 105 | 88 | | (4) 'Instrument' shall have the same meaning as set forth in Code Section 44-3-221.80 |
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| 106 | 89 | | (5) 'Owner' means any person having interest in property under a declaration or81 |
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| 107 | 90 | | instrument.82 |
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| 108 | 91 | | (b) Notwithstanding any provision of Chapter 3 of Title 44 to the contrary, when the83 |
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| 109 | 92 | | department seeks to acquire any common property, the department shall be authorized to84 |
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| 110 | 93 | | conduct all phases of such pre-acquisition and acquisition with officers of the authorized85 |
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| 111 | 94 | | board. Unless specified to the contrary in any recorded instrument or declaration, an86 |
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| 112 | 95 | | authorized board shall be authorized to convey common property to the department on87 |
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| 113 | 96 | | behalf of all owners. If, during the pre-acquisition or acquisition phase of common88 |
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| 114 | 97 | | property authorized by this Code section, the department and authorized board fail to agree89 |
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| 115 | 98 | | upon the terms of acquisition, the department shall be authorized to bring the authorized90 |
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| 116 | 99 | | association as a party in any action in lieu of each owner; provided, however, that when an91 |
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| 117 | 100 | | owner is directly impacted by a proposed acquisition in relation to other owners, such92 |
|---|
| 120 | 102 | | owner shall be individually named in the action. An owner shall be bound by the judgment93 |
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| 121 | 103 | | in any action brought by the department against an authorized association pursuant to this94 |
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| 122 | 104 | | Code section.95 |
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| 123 | 105 | | (c) Any consideration received by an authorized board in exchange for common property96 |
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| 124 | 106 | | pursuant to this Code section shall be allocated to each owner pursuant to any ownership97 |
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| 125 | 107 | | interest set forth in a declaration or instrument."98 |
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| 126 | 108 | | SECTION 3.99 |
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| 127 | 109 | | Said title is further amended in Code Section 32-6-2, relating to authority of department,100 |
|---|
| 128 | 110 | | counties, and municipalities to regulate parking and parking vehicles or leaving vehicles101 |
|---|
| 129 | 111 | | unattended on right of way of public road on state highway system, by adding a new102 |
|---|
| 130 | 112 | | paragraph to read as follows:103 |
|---|
| 131 | 113 | | "(5) Notwithstanding any provision of Chapter 11 of Title 40 or Code Section 44-1-13104 |
|---|
| 132 | 114 | | to the contrary, the department shall be authorized to establish and administer a towing105 |
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| 133 | 115 | | and recovery program for the restoration of the right of way and the removal from the106 |
|---|
| 134 | 116 | | right of ways of interstate highways and limited access highways vehicles exceeding107 |
|---|
| 135 | 117 | | 16,000 pounds that have been disabled, damaged, abandoned, or wrecked or are108 |
|---|
| 136 | 118 | | otherwise inoperable and which impede the flow of traffic as determined and requested109 |
|---|
| 137 | 119 | | by the department, the Department of Public Safety, local law enforcement, or designated110 |
|---|
| 138 | 120 | | fire department personnel. The authority of the department relating to such towing and111 |
|---|
| 139 | 121 | | recovery program shall include all powers necessary to create and administer such a112 |
|---|
| 140 | 122 | | program, including, but not limited to, the power to adopt all policies, procedures,113 |
|---|
| 141 | 123 | | qualifications, standards, and specifications for towing operators and to establish114 |
|---|
| 142 | 124 | | incentives for towing operators to carry out and effectuate the purposes of this Code115 |
|---|
| 143 | 125 | | section. The removal of any vehicle pursuant to the program authorized by this Code116 |
|---|
| 144 | 126 | | section shall include removal or cleanup of any affected cargo transported or spilled by117 |
|---|
| 147 | 128 | | any vehicle exceeding 16,000 pounds but not any passenger vehicles or personal property118 |
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| 148 | 129 | | thereof."119 |
|---|
| 149 | 130 | | SECTION 4.120 |
|---|
| 150 | 131 | | Said title is further amended in Code Section 32-6-170, relating to payment by department121 |
|---|
| 151 | 132 | | of costs of removal, relocation, and adjustment of utility facilities necessitated by122 |
|---|
| 152 | 133 | | construction of public roads, by revising subsection (b) as follows:123 |
|---|
| 153 | 134 | | "(b) The department is authorized to pay or participate in the payment of the costs of124 |
|---|
| 154 | 135 | | removing, relocating, or making necessary adjustments to any of the following facilities125 |
|---|
| 155 | 136 | | or any component part thereof if they are owned by a public utility that is publicly,126 |
|---|
| 156 | 137 | | privately, or cooperatively owned, without regard to whether such facilities were originally127 |
|---|
| 157 | 138 | | installed upon rights of way of the state highway system, a county road system, or a128 |
|---|
| 158 | 139 | | municipal street system, where the department has made the determination that (i) such129 |
|---|
| 159 | 140 | | payments are in the best interest of the public and necessary in order to expedite the staging130 |
|---|
| 160 | 141 | | of the project; and (ii) the costs of the removal, relocation, or adjustment of such facilities131 |
|---|
| 161 | 142 | | are included as part of the contract between the department and the department's roadway132 |
|---|
| 162 | 143 | | contractor for the project or in a written agreement between the utility and the department,133 |
|---|
| 163 | 144 | | provided that such removal, relocation, or adjustment is made necessary by the134 |
|---|
| 164 | 145 | | construction or maintenance of a public road by the department: water distribution and135 |
|---|
| 165 | 146 | | sanitary sewer facilities and systems for producing, transmitting, or distributing136 |
|---|
| 166 | 147 | | communications, power, electricity, light, heat, gas, steam, waste, and storm water not137 |
|---|
| 167 | 148 | | connected with highway drainage, including fire and police signals, traffic-control devices,138 |
|---|
| 168 | 149 | | and street lighting systems."139 |
|---|
| 169 | 150 | | SECTION 5.140 |
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| 170 | 151 | | All laws and parts of laws in conflict with this Act are repealed.141 |
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